After a hurricane, tornado or other windstorm, the damage to homes, businesses, and personal property can be devastating, resulting in both emotional and financial loss. There is a sense of security knowing your insurance will cover the damages so you can clean up, rebuild, and start again. This is when you, the insured, look to your insurance company to fulfill its promise and compensate you for your losses in a timely manner. Unfortunately, this is not always the way a claim is handled by an insurer. When an insurer undervalues, underpays, or delays the adjustment and payment of a claim, or denies all or part of your claim, the emotional and financial loss you must bear can increase significantly.
Hurricane and windstorm damages also can significantly affect businesses. Business owners face unique problems after a hurricane or windstorm, that is not limited to the wind and water damage to buildings, computers, furniture, business records and other property.
Businesses also face potential for claims resulting from loss of business income, loss of good will, and loss of the business' customer base. Business claims resulting from hurricane and windstorm damages include claims for loss of business income, extra expense coverage, loss of inventory and other business personal property losses, loss of business documents, as well as those similar to a homeowner, including roof damage, drywall and insulation damage, foundation damage, damages caused by interruption in electrical power, water damage and resulting mold damage, and the computation of the appropriate deductible. A business insurance policy covers hurricane and windstorm damage to structures, business personal property, and business income losses. Calculating business income losses takes experience and expertise and entails working closely with your accountant, the retention of forensic accountants to present your business income issues to a jury. To properly present your business income loss, your attorney must be able to effectively cross examine the insurance company’s accountant to expose the weaknesses in their evaluation and in the weakness in the defense mounted by the insurer to your claim.
The Wells Law Group assists both its individual and business clients with the claim process. We assist in every stage of the claim process including claim preparation, documentation of events and damage, through litigation or appraisal, until the final settlement, appraisal award or judgment. We help our clients review their insurance policy to maximize coverage, utilize appropriate experts to assist us in coordinating and conducting inspections, testing and data compilation, and assist in the submission of our clients' claims.
Unfortunately, to force the insurer to live up to its obligations, more than just the submission of your claim is frequently necessary. In those cases, we initiate appraisal or litigation to enforce your contractual rights under the insurance policy. The tactics we use and the manner of enforcing your rights can differ from case to case depending upon the facts, amounts in dispute, the actions of the insurer, our client’s needs and desires and the terms and conditions of the insurance policy.